Hon'ble Judges/Coram:
Arun Mishra and Navin Sinha

JUDGMENT

Navin Sinha, J.

1. A common question of law arises for consideration in this batch of appeals. The individual facts are therefore not relevant for adjudication. Suffice it to observe that each of the Respondents in the respective appeals was convicted Under Section 302 and other provisions of the Indian Penal Code in different Sessions trials arising from separate unconnected incidents and sentenced to imprisonment for life. They filed individual writ petitions contending that they had served more than 14 years in custody but their cases were not placed by the Jail Authorities before the State Advisory Boards for shortening of their sentences and premature release. The constitutional validity of Rule 8(2)(i) of the Rajasthan Prisons (Shortening of Sentences) Rules, 2006, (hereinafter referred to as "the Rules, 2006") was challenged, putting a fetter on consideration of their cases till they earned a minimum of four years of remission after completing 14 years of actual imprisonment excluding remission, as being contrary to Section 433-A Code of Criminal Procedure No other issue was urged.

2. The Rules, 2006 were framed by the State Government in exercise of powers under Clause (2) & (5) of Section 59 (1) of the Prisons Act, 1894 (hereinafter referred to as 'the Act'). The High Court held that the Rules not having been placed before the Legislature of the State as required by Section 59(2) of the Act did not acquire statutory force. Furthermore, the Rules could not have been framed contrary to Section 433-A of the Code of Criminal Procedure, 1973, relying on the Constitution Bench decision in Maru Ram v. Union of India, MANU/SC/0159/1980 : 1981 (1) SCC 107.

3. In view of the question of law involved, it will be proper to set out the statutory provisions arising for consideration.

Section 59. Power to make rules.-

(1) The State Government may by notification in the Official Gazette make Rules consistent with this Act-

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(2) determining the classification of prison-offences into serious and minor offences;

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(5) for the award of marks and the shortening of sentences;

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(2) Every Rule........